The right to access one's own origins

2022/07/04 Type of resource European judgements National judgements Topics Search for origins Titles Topical issues Activities Legal review
covere dell'approfondimento sul quesito giurisprudenziale sul Diritto di accesso alle origini

The right to access one's own origins. The mother's right to be forgotten prevails over the adoptee's right to know his or her origins.

The biological mother's alleged inability - by reason of her psychological condition - to give valid consent, to be equated with a refusal to revoke the request to maintain anonymity?

In 2001, with the introduction of the adoptee's right to know his or her origins, a gateway was opened in the implementation of a substantive legitimate interest of the adopted child to have information about his or her personal history.
At European level, the European Court of Human Rights intervened in 2012, criticising Italy for the lack of a mechanism that could ensure the balancing of opposing mother/child interests, both of which deserve protection.
The decision of the ECHR, which did not call into question the right to anonymity as such, is based on the reflection that the guarantee of the right to maternal anonymity should be assessed from a so-called diachronic viewpoint, i.e. as opposed to the crystallised view of the current regulation...

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